The Law and ParliamentDawn Oliver, Gavin Drewry The Law and Parliament is a collection of essays by leading constitutional and parliamentary experts on issues that are at the core of current debate about the changing British constitution and the sometimes difficult relationships between government and law. The book deals with matters of intense topical debate including the incorporation of the European Convention on Human Rights and the implications of the Human Rights Act 1998, the establishment of a new Scottish Parliament, ways in which the courts impinge upon the law of Parliament and vice versa and the Nolan Report. It also examines the position of lawyers as members of the two Houses of Parliament and looks at the mechanism through which Parliament obtains legal advice. |
Contents
The law and Parliament | 1 |
Accountability | 10 |
Internal autonomy | 17 |
Nolan sleaze and parliamentary selfregulation | 27 |
Parliamentary accountability for the administration of justice | 33 |
The Lord Chancellors accountability to Parliament | 40 |
Conclusion | 47 |
Statute law and case law applicable to Parliament | 48 |
The code of conduct and outside interests | 120 |
Criticisms and challenges | 129 |
Conclusion | 137 |
The consequences of Pepper v Hart | 144 |
Hart and the constitution | 151 |
The parliamentary activity of lawyerMPs | 160 |
The parliamentary activity of lawyerpeers | 166 |
Conclusion | 173 |
Is there a presumption that statutes do not bind Parliament? | 64 |
Questioning parliamentary proceedings in a court or place out of Parliament | 77 |
Separation of powers and legal advice for Parliament | 92 |
The law relating to members conduct | 105 |
The Register of Interests | 111 |
Parliamentary human rights scrutiny procedures | 181 |
Human rights and House of Lords reform | 187 |
Legal aspect of relations between the United Kingdom | 192 |
Appendix 1 | 208 |
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Common terms and phrases
accepted accountability action activities administration advice Affairs application appointment Bill Bill of Rights body British changes civil Commission Commissioner complaints concerned conduct considered constitutional Convention course courts criminal debate decision Defamation Act 1996 Department effect European evidence example Executive functions further House of Commons House of Lords Human Rights important independent interests internal interpretation involved issue judges judicial jurisdiction justice Labour lawyers legislation Lord Chancellor major matters meaning Members of Parliament ministerial ministers Nolan Northern Ireland noted Ombudsman Parliament parliamentary parliamentary privilege particular party political possible powers practice privilege procedures proceedings proceedings in Parliament proposed protection question recent recommendations reference reform relating Report respect responsibility role rules Scotland Scottish scrutiny Select Committee staff Standards statute statutory suggested Union United Kingdom